A. Except as otherwise provided by law, a defendant shall prove any affirmative defense raised by a preponderance of the evidence. Justification defenses under chapter 4 of this title are not affirmative defenses. Justification defenses describe conduct that, if not justified, would constitute an offense but, if justified, does not constitute criminal or wrongful conduct. If evidence of justification pursuant to chapter 4 of this title is presented by the defendant, the state must prove beyond a reasonable doubt that the defendant did not act with justification.

B. This section does not affect the presumption contained in section 13-411, subsection C and section 13-503.

Share This Story, Choose Your Platform!

Disclaimer

While we pride ourselves in the accuracy of our educational information, this site does not, and cannot, constitute legal advice, nor does it purport to accurately communicate the laws or court decisions of the jurisdiction of any actual cases that may have non-public or other nuanced information unavailable to us. It is intended solely for illustrative purposes, and to provide a forum for the discussion and debate of important issues relevant to the law of self defense. If you are in immediate need of legal counsel, please retain a competent attorney in your jurisdiction.